ADVOKS GLOBAL · KENYA
Merchant Shipping Act
182. Inquiry into fitness or conduct of officer
Edition: 2023-12-11 · In force
182. Inquiry into fitness or conduct of officer
(1)Where it appears to the Director-General that an officer—(a)is unfit to discharge his duties, whether by reason of incompetence or misconduct or for any other reason;(b)has been seriously negligent in the discharge of his duties;(c)has failed to comply with the provisions of section 208,the Director-General may cause an inquiry to be held by one or more persons appointed by him and, if he does so, may, if he thinks fit, suspend, pending the outcome of the inquiry, any certificate issued to the officer in pursuance of section 170 and require the officer to deliver it to him.(2)Where a certificate issued to an officer has been suspended under subsection (1) the suspension may, on the application of the officer, be terminated by the Court, and the decision of the Court on such an application shall be final.(3)An inquiry under this section shall be conducted in accordance with rules made under section 186(1) and those rules shall require the persons holding the inquiry to hold it with the assistance of one or more assessors.(4)A person holding an inquiry under this section into the fitness or conduct of an officer—(a)may, if satisfied of any of the matters mentioned in subsection (1)(a) to (c), cancel or suspend any certificate issued to him under section 170 or censure him;(b)may make such order with regard to the costs of the inquiry as he deems just; and(c)shall make a report on the case to the Director-General,and if the certificate is cancelled or suspended the officer, unless he has delivered it to the Director-General in accordance with subsection (1), shall deliver it forthwith to the person holding the inquiry or to the Director-General.(5)Any costs which a person is ordered to pay under subsection (4)(b) may be recovered from him by the Director-General.